Nuisance

It was well settled that there was no absolute standard in the common law test of nuisance; it was a question of degree whether the interference was sufficiently serious to constitute a nuisance. That was to be decided by reference to all the circumstances of the case. There had to be a real interference with the comfort or convenience of living, according to the standards of the average man. The character of the neighbourhood had to be taken into account.

The duration of an interference was an element in assessing its actionability, but was not a decisive factor. Statutory authority might be a defence to an action in nuisance, but only if statutory authority to commit a nuisance was express or necessarily implied. The latter would apply where a statute authorised the user of land in a way which would “inevitably” involve a nuisance, even if every reasonable precaution was taken. The public utility of the activity was not a defence. Short of express or implied statutory authority to commit